HEMALATA Vs. MOHAN

JUDGEMENT

(1.) Marriage of the petitioner and the respondent was solemnised on 30-4-2007 and was registered on 15-11-2007. The petitioner was employed prior to the marriage. After the marriage, she has left the job. On account of incompatibility, the spouses having withdrawn from each other, after issuing of a notice, respondent filed M.C. No. 19 of 2013, in the Family Court, Dharwad. The petitioner, having entered appearance, filed an application under Section 24 of the Hindu Marriage Act, 1955 and the same was allowed in part on 17-7-2013. The respondent was directed to pay pendente lite maintenance of Rs. 15,000/- per month from February 2013 and until further orders. Seeking modification of the said order and to enhance the pendente lite maintenance to Rs. 50,000/- per month and the litigation expenses from Rs. 25,000/- to Rs. 50,000/-, this writ petition was filed on 5-8-2013. Since the order passed on I.A. No. 1 on 17-7-2013 by the Family Court was not honoured, in that, interim maintenance and litigation expenses as ordered was not paid, M.C. No. 19 of 2013 was dismissed on 5-11-2013. To set aside the said order and to restore M.C. No. 19 of 2013, respondent has filed Civil Misc. No. 2 of 2013 in the Family Court, Dharwad and the matter is pending. To execute the order passed on 17-7-2013, petitioner filed E.P. No. 11 of 2013. Indisputably, the sum payable in terms of the order passed on I.A. No. 1, in M.C. No. 19 of 2013, on 17-7-2013, has been satisfied. The interim maintenance payable in terms of the said order has been paid.

(2.) The petitioner, having filed Cri. Misc. No. 31 of 2014 against the respondent, under Section 125(1) of Criminal Procedure Code, 1973, in the Family Court, Dharwad, an order dated 24-3-2014 was passed on I.A. No. 1, directing the respondent to pay pendente lite maintenance allowance of Rs. 20,000/- per month. Assailing the said order, respondent has filed Cri. Petition No. 101050 of 2014 by invoking Section 482 of Cr.P.C. An interim order dated 27-6-2014 was passed staying the impugned order, subject to the petitioner therein i.e., respondent herein, regularly paying interim maintenance of Rs. 20,000/- per month, pending disposal of Criminal Petition No. 101050 of 2014.

(3.) Since, the respondent has paid the interim maintenance in terms of the order dated 17-7-2013 passed on I.A. No. 1 filed in M.C. No. 19 of 2013 and also the order passed on I.A. No. 1 filed in Cri. Misc. No. 31 of 2014, on the file of the Family Court, Dharwad, Sri Mallikarjun S. Hiremath, learned Advocate for the petitioner, rightly submitted that Civil Misc. No. 2 of 2013, pending in Family Court, Dharwad, seeking restoration of M.C. No. 19 of 2013, which was dismissed on 5-11-2013, may be allowed. This submission was made by the learned Advocate, to expedite the decision with regard to the divorce sought in M.C. No. 19 of 2013 and also in view of the submission made by Sri Shrikant T. Patil, learned Advocate for the respondent, that the interim maintenance amount of Rs. 20,000/- p.m. ordered to be paid in Cri. Misc. No. 31 of 2014 would be paid during the pendency of M.C. No. 19 of 2013 and also Cri. Misc. No. 31 of 2014. In view of the above, this writ petition need not be decided on its merit. Instead, by allowing the Civil Misc. No. 2 of 2013, pending on the file of Family Court, Dharwad, i.e., in exercise of the power under Article 227 of the Constitution of India, can be allowed and M.C. No. 19 of 2013 be directed to be decided with expedition, since the petitioner herein undertakes to file the statement of objections to the said petition on or before 31-1-2015.